plaintiffs rief í 2nd mop plaintiff’s brief 1: 394 yrs of ... 21 2nd mop plai… · 3:16-cv-93...
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3:16-cv-93 Page 1 of 25 Plaintiff’s Brief 1 – 2ND MOP
2ND MOP – PLAINTIFF’S BRIEF 1: 394 YRS OF FREEDOM 4 US2 0.0. OPENING
0.1. Years ago, a long seasoned man said to me: “A lawyer once told me, ‘If you write at all,
write it all!’ ” As a Professional Engineer writing specifications, I tried to write specifically to my
projects and limit the specifications, which resulted in writing what was needed, not writing it
all. “If you write at all, write it all!” has reared up in my colossal effort of reading the laws, and
the stare decisis for my case; and the importance of the words; order of words; of phrases of
words; of use of commas; and repeating the words over and over to protect what I believed
and believe still are Guaranteed Protections and Freedoms Crafted and Specified, LIBERTIES, for
me, and We the People by our Founding Fathers in less than 20 pages.
0.2. A habitual greed for power and money in Politics and Federal Government with disregard
for oaths of office seems to drive the assault on our Constitution by the Democrats, forcing the
Judiciary to protect it! And there even is a Non-Delegation Doctrine to our Constitution!
0.3. In all humility I’m a mere novice so I stand on the shoulders of others, "In questions of
power ... let no more be heard of confidence in man, but bind him down from mischief by the
chains of the Constitution." Thomas Jefferson, my only hope is in the Separate Powers of the
Judiciary to hold steadfast to our Declaration of Independence, our Constitution, and our Bill of
Rights against the mischief of violations of oaths and Ministerial Duties by people of the
Legislative and Executive Branches. I’m not sure there is a difference between the two parties!
0.4. Some more History behind our Supreme Law: 1620 Mayflower Compact; 1776 a
Declaration of Independence; 1789 our Constitution, unique to the world; a flare up in 1812;
another 50 years, a Civil War to end slavery and extend Freedoms; many more constructs to
include women; and today: not changed but an evolution “That All Men are Created Equal”, an
evolution of ANCIENT OF DAYS, Genesis 1.27: “them created HE female and male … !”. We are
generic in GOD’S EYES! Though the Mayflower Compact called for the “Glory of god and the
advancement of the christian faith” the definition of god, and christianity and all other religions
were left out of our Supreme Law and National Pride until special invocations “under god”
showed in our Pledge of Allegiance in 1954 “in response to the Communist Threat of the
Times”; and then “in god we trust” on our Currency in 1957; and then special protections for
the “Old Order Amish” in the Social Security Act Amendments of 1965; and now the special
protections of the ACA for some religions and not others: however, the ACA even goes farther
by incorporating a specific islamic religious socio-economic code tax, called the zakat, See
Exhibit 26 Zakat, called the “the mandate for shared responsibility payment” by SCOTUS
language. Note: “god” left lower case intentionally because I believe this “god” to be the god of
christianity: See U.S. religious Imposition S2690 Pages 503 – 513 of Exhibit 9 of GOD
20Feb2016.
3:16-cv-93 Page 2 of 25 Plaintiff’s Brief 1 – 2ND MOP
0.5. Today the world seems to be moving backwards with the invasion of Fundamental Islamic
Sunni Sharia Code, for today many are dying because of those who hate US2 (We the People of
the United States of America and the United States of America and the Republic for which it
Stands) and our Constitution of Evolving Freedoms and Protections with “liberty and justice for
all” Americans: 6-12-16 Obituary Orlando Florida: “/O͞OF/”!!!!!!! Extreme Emphasis on
“justice”! (1) O͞OF: expressing discomfort because of a blow to our REPUBLIC’s BODY, We the People!! (1.1.) See Exhibit 31.
0.6. Our Founding Fathers were absolute Artists and were Perfect in their minimum
Specification Construction of our Deceleration of Independence, our Constitution, and our Bill
of Rights, as said by Supreme Court Justice Mr. Brewer in delivering the opinion of the Court in
South Carolina v. United States, 199 U.S. 437 (1905) “The Constitution is a written instrument.
As such, its meaning does not alter. That which it meant when adopted, it means now.” I argue,
111 years later “That which it meant when adopted, it means now.”
0.7. I have attempted some balance of truth, understanding, and justification with the limits on
pages by presenting my arguments beginning with my 1ST MOP – TREE STRUCTURE OF
US.S.LAW and this 2ND MOP – Brief 1 to justify my Federal Question Complaint and
Response/Motion to the Motion for Time Extension; then in a more expansive effort in my 3RD
MOP – Final Pleadings 4 Freedom with more referenced stare decisis and referenced Exhibits to
strengthen and substantiate my Federal Question Complaint, my Response/Motion, my 2ND
MOP – Brief 1, and all the Relief I seek; and then in the Exhibits themselves with very personal
information about my religious beliefs and practices, and more stare decisis to present the
whole truth and nothing but the truth of how I understand our Supreme Law of the Land and
justification of my case and all the Relief I seek.
0.8. I ask the Judiciary for leave, considering that my case deals with the Foundational Basis of
the Establishment Clause and the Free Exercise Clause from our Roots crafted for each of us by
our Founding Fathers, that my Federal Question Complaint and Case Arguments should be the
consideration, not the number of pages of my case documents?
1.0. B1-klo-IA-1. The Request:
1.1. I come to this Judiciary a “David” facing a “Goliath”, the Federal Government, and ask this
Judiciary, with its Specific and Separate Powers, to be my sling, letting my documents and
arguments be my stones, in my battle for our Guaranteed Independence and Constitutional
Liberties, for are we not a Nation of Laws, instead of rulers? (2) There can be no, “Sovereign Immunity” in US2!
1.2. I argue, for further leave from the Judiciary to amend my Federal Question Complaint to
include those items listed and argued in 1ST MOP – Tree Structure, this 2ND MOP – Brief 1: 394
YRS OF FREEDOM 4 US2; the included 3RD MOP – Final Pleadings 4 Freedom; and attached
Exhibits due to the interlocking nature of our Supreme Law with statutes and stare decisis for
they further prove the justification of my Complaint and all the Relief I seek. Basis of request:
3:16-cv-93 Page 3 of 25 Plaintiff’s Brief 1 – 2ND MOP
“Federal Rules of Civil Procedure › TITLE III. Rule 15. (2) Other Amendments. … or the court's
leave. The court should freely give leave when justice so requires.”, and the “cobwebbery
refinements” of 240 years should not entrap or defeat the simple justice that I seek in
exercising my Freedom of Religion, nor should it defeat the Relief I seek for habitual bad actions
by individuals of the Federal Government, for habitual bad actions unpunished leads to Larger
Licentious Actions against our Independence and our Constitution, and will be the ultimate end
of US2, as stated by President Pierce in his 1854 veto letter to the Senate!
1.3. I fear the end is near, President Pierce!
2.0. B1-klo-IA-2. At Issue:
2.1. The power of a law abiding citizen to exercise their Independence and Constitutionally
Guaranteed Liberties versus the power of the Federal Government to infringe on that
Independence and those Constitutionally Guaranteed Unalienable Rights?
2.2. “When in the Course of human events, it becomes necessary for one people to dissolve the
political bands which have connected them with another, and to assume among the powers of
the earth, the separate and equal station to which the Laws of Nature and of Nature's God
entitle them, a decent respect to the opinions of mankind requires that they should declare the
causes which impel them to the separation.” I seek separation from the ACA and Social
Security Act on the basis of Freedom of Religion, I have said as much, repeated myself, and do
so again before this Judiciary because “they have been deaf to the voice of justice and of
consanguinity [the kinship of being American with the protection of Unalienable Rights]”. Upon
grant of Judicial Order for separation, Religious Exemption, and Compensatory Damages, they
must also be punitively and exemplarily held accountable for their deafness!
2.2.1. “We hold these truths to be self-evident, that all men are created equal, that they are
endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty
and the pursuit of Happiness. That to secure these rights, Governments are instituted among
Men, deriving their just powers from the consent of the governed [We the People – “that we
here highly resolve that these dead shall not have died in vain—that this nation, under God,
shall have a new birth of freedom—and that government of the people, by the people, for the
people, shall not perish from the earth.”], --” (2) There can be no, “Sovereign Immunity” in US2!
2.2.2. Citation: Excerpts Congress, July 4, 1776. The Unanimous Declaration of the Thirteen
United States of America. 1) There was no U.S. Federal Government in 1776 to 1789! 2) The
Declaration of Independence is part of the Supreme Law of our land, and 3) Excerpt of
President Lincoln’s Gettysburg Address: “a new birth of freedom”? (3) We are in deep need of this today: PP!
2.2.3. “I AM” appears in the first two and last short paragraphs of the Declaration of
Independence wrapping the list of issues with the crown: “Nature's God”, “their Creator”,
“Supreme Judge of the world”, and “divine Providence”, yet in no place therein or in our
3:16-cv-93 Page 4 of 25 Plaintiff’s Brief 1 – 2ND MOP
Constitution or Laws is the “I AM” defined, that is left up to each individual through the
“ANCIENT OF DAYS” and the “ANCIENT PRINCIPLES” and was stipulated to twice in the First
Amendment of our Constitution: “Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof;”! (4) We’re here because of the Piety in Politicians to be gods-rulers!
2.3. “We the People of the United States, in Order to form a more perfect Union, establish
Justice, insure domestic Tranquility, provide for the common defense, promote the general
Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and
establish this Constitution for the United States of America.”
2.3.1. Our Founding Fathers’ opening statement to our Constitution 1789. “We the People …
promote general Welfare” not “provide for it” by the “Legislature extending an unwarrantable
jurisdiction over us” by imposing taxation for “general Welfare” with laws such as the ACA,
Social Security Act et al!
2.3.2. It really is to be about the power of “We the People of the United States” to “secure the
Blessings of Liberty to ourselves and our Posterity” first, before and above the power We the
People grant to the federal government! Or so it was intended at the founding of the one and
only True Republic of our Untied States of America in the World! Will that remain true and just
for my case?
2.4. Will the plaintiff, kevin l olson, be freed, from the substantial burdens of trespass and the
bills of attainder that now flog him and hold him captive, to exercise his spiritual beliefs and
practices and have Life, Liberty and the pursuit of Happiness in our Untied States of America
and the Republic for which it Stands unencumbered by Habitual Insurgent-Rebel Government
Officials who produce Unlawful and Unconstitutional Regulations? The implications of Habitual
Insurgent-Rebel, trespass, and bills of attainder will be built upon and argued throughout, and
detailed and finalized near the end.
2.5. Under the ACA, and the Social Security Act, the Amish and others are free to practice their
religion, free of “pains and penalties”, but I am not because my religious beliefs and practices
are different, and I was born after 31-Dec-1950! Even the practitioners of Scientology had a
decade long separation from the Social Security Act. So is it, go and come as you like if the
government likes your religion, or “make a payment to the national treasury to ‘pay the due
share of your wealth for the welfare of others’”, or is it “make a payment on your federal
income tax return called the ‘shared responsibility payment.’”? These two statements are
identically equal relative to the imposed taxation in the ACA for non-exempt religions and
religious practices! The last is directly from the ACA’s information for application of Religious
Exemption, Complaint Exhibit 3 1 Page 1 first Item. The first might surprise you: its source has
been revealed already: the islamic zakat, See Exhibit 26.
3.0. B1-klo-IA-3. Some of the Guaranteed Legal Protections for kevin l olson’s claim of Liberty:
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3.1. “The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to
pay the Debts and provide for the common Defense and general Welfare of the United States;
but all Duties, Imposts and Excises shall be uniform throughout the United States;”
3.1.1. Emphasis on the fact that, “We the People” are missing relative to “general Welfare”.
Taxes et al are for the “common Defense and general Welfare of the United States” no comma
at the “and” so they are like in limitations of reach and power and are for the Nation as a
general Whole, and therefore the last does not allow for taxation of each individual citizen for
specific protection and welfare of every other individual in the United States, let alone taxation
on Unalienable Rights, for “We the People of the United States, in Order to form a more perfect
Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote
the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, … .”.
We come first, and the federal government comes last, in power, construction, and language of
our Declaration of Independence, our Constitution, and our Bill of Rights not the other way
around, for We the People “provide the for the common defense” of our homeland, and we the
People “promote the general Welfare” of the people in our homeland, emphasis on the
difference between “provide” as in “required of me”, and “promote” as in “as I choose”, thus
taxation on me for the welfare of other individuals is an overreach power by the Legislative,
and Executive Branches: the ACA’s “shared responsibility tax” is just the latest broadening
overreach to place me, and US2 under Absolute Despotism!
3.2. Can and will this Judiciary protect me?
3.2.1. As I understand it, it Can and Should! “The Judiciary plays a very important role in our
constitutional system of government. First, it is where citizens, such as kevin l olson, come to
for Justice.” But it is not to act as a substitute for poorly written Statutes, for there is a Non-
Delegation Doctrine in the Constitution, however one only need consider the surplusage used in
No. 14–114, DAVID KING, ET AL., PETITIONERS v. SYLVIA BURWELL, ET AL., 25-Jun-2015 by Chief
Justice Roberts in delivering the opinion of the Supreme Court to be concerned!, “Second, due
to its power of judicial review, it plays an essential role in ensuring that each branch of
government recognizes the limits of its own power.” As is the Federal Question basis for the
plaintiff’s Complaint 3:16-cv-93 and all the Relief sought. “Third, it protects civil rights and
liberties by striking down laws that violate the Constitution.” One of the reliefs the plaintiff is
looking for to protect the plaintiff’s Liberty, and that of all other citizens’ Liberty from the
overreach of power in the ACA et al by part of Congress, and the President. “Finally, it sets
appropriate limits on democratic government by ensuring that popular majorities cannot pass
laws that harm and/or take undue advantage of unpopular minorities. In essence, it serves to
ensure that the changing views of a majority do not undermine the fundamental values
common to all Americans, i.e., freedom of speech, freedom of religion, and due process of law.”
More of the protection the plaintiff seeks from the Judiciary! Citation: About the Supreme
Court, Role, @http://www.uscourts.gov/about-federal-courts/educational-resources/about-
(5) The ACA’s zakat tax is an excise tax, as such, it is to be uniform and it is not!! Thus it is unconstitutional!!
3:16-cv-93 Page 6 of 25 Plaintiff’s Brief 1 – 2ND MOP
educational-outreach/activity-resources/about. Some phrases changed in the first item and
comments inserted so that as the plaintiff understands it, this role and the powers actually
extend to all courts of the Federal Judiciary, with the Supreme Court “as the highest court in the
land, it is the court of last resort for those looking for justice.” (6) Also, as in Bivens the plurality of “courts”!!
Now to continue with the powers of Congress:
3.3. “To regulate Commerce with foreign Nations, and among the several States, and with the
Indian Tribes;” (7) What happened with the Indian Tribes: Greed of the Powerful for their land and resources so they could become rich!
3.3.1. Emphasis on the fact that, “We the People” are missing again, so the Federal Government
cannot regulate the commerce of individuals as stated here, and ruled in Nat'l Fed'n of Indep.
Bus. v. Sebelius 567 U.S. (2012), that the “mandate” for individuals to make a “shared
responsibility payment” cannot be legally defined as a penalty for non-commerce. And it
should not be able to be defined as tax in my case, as it is a tax on me, and some people and
not others for practicing their Liberty of Freedom of Religion, for the Federal Government has
very limited power over the individual: this last argument is even supported by the Supreme
Court’s very own definition of the Judiciary’s Role in the Third and Final Items, supra.
3.4. “To provide for calling forth the Militia to execute the Laws of the Union, suppress
Insurrections and repel Invasions;”
3.4.1. The Federal Government and Federal Military have no policing power within our
homeland, unless modified by amendment or by an order for “Martial Law”. The Militias are of
the States and the people, and “provide for the common Defense” of the homeland, and nation
when called upon or the Federal Government fails, USC Art. 1 Sec 10 Paragraph 3. Thus the
Federal Government should have no taxing power of the individual beyond a General Income
Tax. The ACA’s individual mandate tax, is a specific tax to coerce/force an individual citizen to
conform to specific religious tenets or comply to have health Insurance or pay.
3.4.2. The Judiciary should order the Congress and the President, the Federal Government, to
call forth the State Militias to repel the Invasion of our United States by Fundamental Islamic
Sunni Sharia Code Warriors, ISIS et al with similar like laws and political views that are for the
destruction of US2. You may argue about the surplusage of my request here, but my case is
about my vary Freedom to Exercise my religious beliefs and practices, and this President and
part of Congress speak up for protection of these and other religious practices and beliefs for
muslims, while denying me mine in the ACA, which is an issue of excessive entanglement and
discrimination! How many times must a gavel be struck before the it’s ruled Habitual Contempt
for our Declaration of Independence, our Constitution, our Bill of Rights, and our Law.
3.4.3. Politicians are full of uplifting talk, it’s all “Rhetoric” [language designed to have a persuasive or impressive effect on its audience, but often regarded as lacking in sincerity or
Had we melded with the Indian Tribes for common Life, Liberty, and Pursuit of Happiness where would we be today?? But religion invaded!!!
3:16-cv-93 Page 7 of 25 Plaintiff’s Brief 1 – 2ND MOP
meaningful content], for politicians speak with words, “Your Religious Beliefs are protected by our Constitution”, but in action they strike their words down with laws like the ACA, and SSA! 3.4.4. It’s time the Judiciary step in and declare the safety of We the People of the United States
over the Liberties of those who want to wipe US2 out, Fundamental Islamic Sunni Sharia Code
Warriors, ISIS et al with similar like laws and political views, and the Democrats: all politicians!
3.4.4.1. Look at all the politics played with Hillary Clinton and her abandonment of our fellow
Americans the night of the Benghazi attack, and her cover up of the real facts. See 17.5.1.3.
3RD MOP – FINAL PLEADINGS 4 FREEDOM. (8) And also see Exhibit 28 ARB Report on Bombings of US Embassies …!
3.4.4.2. 15-Jun-2016 Orlando, FL FBI SAC says, “All civil rights crimes will be investigated.”
3.4.4.3. Jeff Sallet, FBI SAC, Baton Rouge, Louisiana 18-Jul-2016 2:45 PM CT at a new conference
related to the murder of three Police Officers and the wounding of three others, claims we are,
“one nation, indivisible with liberty and justice for all”. The Baton Rouge Mayor had earlier
expressed the same conviction.
3.4.4.4. I guess these are not the beliefs of Mr. Richard T. Thornton, FBI SAC Minneapolis
Division, or the DOJ when it comes to me and my Case. Or is it a: Conspiracy Against Rights
Title 18, U.S.C., Section 241 et al? (9) The Executive and his DOJ puppet are attacking cities left and right for the muslims!!
3.5. “To provide for organizing, arming, and disciplining, the Militia, and for governing such Part
of them as may be employed in the Service of the United States, reserving to the States
respectively, the Appointment of the Officers, and the Authority of training the Militia
according to the discipline prescribed by Congress;”
3.5.1. The internal protection of our united states belongs to the States and the people, with
guidance from our Constitution, Article 1 Section 10 Paragraph 3: “No State shall, without the
Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace,
enter into any Agreement or Compact with another State, or with a foreign Power, or engage in
War, unless actually invaded, or in such imminent Danger as will not admit of delay.”
3.5.2. Special emphasis on, “shall not … engage in War, unless actually invaded, or in such
imminent Danger as will not admit of delay”: Every State should declare war on Fundamental
Islamic Sunni Sharia Code Warriors, ISIS et al with similar like laws and political codes that seek
destruction of We the People of our United States, our Declaration of Independence, our
Constitution, our Bill of Rights, and our Republic for they have and are invading us, and the
attack in Orlando, FL on 6-12-16 is just the latest proof of the invasion of their laws, political
codes, and soldiers on our Liberty and our Nation and the Republic for which it Stands!
3.5.3. I find it very important and critical to note here that in February 1993 the First
fundamental islamic sunni sharia code inspired attack on the World Trade Center took place;
3:16-cv-93 Page 8 of 25 Plaintiff’s Brief 1 – 2ND MOP
and that the Congress controlled by the Democrats and a Democrat President, Bill Clinton, was
in charge of the Executive and on 16-Nov-1993 they put into law the Religious Freedom
Restoration Act; and on 17-Dec-1993 they repealed the punitive sections of the Internal
Security Act of 1950 and the Communist Control Act of 1954, which would have allowed for
handling these insurgents et al, who were they protecting: the insurgents’ motto must be, “'Tis
a lesson you should heed: Try, try, try again. If at first you don't succeed, Try, try, try again.”,
HABITUAL: need I say they tried again and did succeed in striking a hideous and horrific blow on
911, and today they are trying again, and again to attack us here at home and are succeeding,
yet the current President and his sages in Congress protect them over US2!
3.6. “To make all Laws which shall be necessary and proper for carrying into Execution the
foregoing Powers, and all other Powers vested by this Constitution in the Government of the
United States, or in any Department or Officer thereof.”
3.6.1. Emphasis on “necessary and proper”, with extra emphasis on “proper” as part of the
evolution, growth of our Great North America Republic Oak Tree Structure: with emphasis also
on “foregoing Powers, and all other Powers vested by this Constitution” for in our Constitution
We the People, as individuals, are to come first not last, however the mischief of politicians in
Federal Government habitually overreach and overreach for more and more power over We
the People with laws like the ACA et al. And some things are Forbidden from the Federal
Governments Reach, our Liberties, our Unalienable Rights. However, like Eve & Adam they will
seek to consume that Forbidden Fruit of the people, as they do in the Religious Exemption
Section of the ACA, and if you don’t comply they impose “pains and penalties” on you!
Citation supra: Excerpts of our United States Constitution Article I Section. 8: others as noted.
3.7. “No Bill of Attainder or ex post facto Law shall be passed.” Citation: Our United States
Constitution Article I Section. 9: Applicable Excerpts Only
3.7.1. The ACA is piggybacked on the Social Security Act, both violating the Establishment
Clause and the Free Exercise clause which makes them ex post facto laws, and unconstitutional!
3.7.2. It will be shown that the ACA is also a “Bill of Attainder” and thus more unconstitutional.
3.8. “Before he enter on the Execution of his Office, he shall take the following Oath or
Affirmation:—"I do solemnly swear (or affirm) that I will faithfully execute the Office of
President of the United States, and will to the best of my Ability, preserve, protect and defend
the Constitution of the United States." ” Citation: Our United States Constitution Article II
Section. 1: Applicable Excerpts Only.
3.8.1. … ; he shall take Care that the Laws be faithfully executed, … Citation: Our United States
Constitution Article II Section. 3: Applicable Excerpts Only
3:16-cv-93 Page 9 of 25 Plaintiff’s Brief 1 – 2ND MOP
3.8.2. Based on our Declaration of Independence, our Constitution, and our Bill of Rights the
Supreme Law of the Land; the ACA, obama care, is in violation of these Documents; and with
the very present State of our Union under attack by Fundamental Islamic Sunni Sharia Code
Warriors, ISIS et al with similar like laws and political codes that seek destruction of We the
People of our United States, our Declaration of Independence, our Constitution, our Bill of
Rights, and our Republic, president obama has failed to “take Care that the Laws be faithfully
executed”. Videos: his own words, http://sheikyermami.com/americas-muslim-potus-praises-
islam/! Zakat, “shared responsibility payment” of sharia code! And in his book “The AUDACITY
OF HOPE, Thoughts on Reclaiming the American Dream” [AUDACITY: a rude or disrespectful
behavior; brazenness] obama uses the entire chapter three as a demolishing of the
foundational strength of our Constitution, and on page 261 end of second paragraph, he
said,“… and I will stand with them should the political winds shift in an ugly direction”, them
being fundamental islamic sunni sharia islamists for they make up 85-90% of islam. And the
Demo-rats think the sunni ISIS warriors are the JV-Team and don’t have a large support
structure. Are not our laws for all Americans? He leads in showing favoritism for islam and is
driving the shifting of the winds in an ugly direction! And he will stand with them! Treason?
See also Title 18, U.S.C., Section 373. Solicitation to commit a crime of violence; and Title 18,
U.S.C., Section 2384. Seditious conspiracy. To be detailed and argued in the 3RD MOP – Final
Pleadings 4 Freedom and Exhibits. (9) The Executive and his DOJ puppet are attacking cities left and right for the muslims!!
3.9. “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial
Proceedings of every other State. And the Congress may by general Laws prescribe the Manner
in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.” Citation:
Our United States Constitution Article IV Section 1.
3.9.1. A second time the power belongs to the We the People of each state for specifics and
control of “public Acts = welfare Acts”, and Congress can provide “general Laws” between
states, but not specific laws, and even more so not laws specific to the welfare of each
individual as some in congress, and the president have done in the ACA, obama care, with the
“shared responsibility payment – mandate tax”.
3.10. “The United States shall guarantee to every State in this Union a Republican Form of
Government, and shall protect each of them against Invasion; and on Application of the
Legislature, or of the Executive (when the Legislature cannot be convened), against domestic
Violence.” Citation: Our United States Constitution Article IV Section 4: Applicable Excerpts.
3.10.1. Where is our protection from the “Invasion” of Sunni ISIS et al with similar like laws and
political codes and the “domestic Violence” they are causing US2?
3.10.2. And where is my protection from the “Invasion” by president obama and his sages with
the instrument, obama care, into my Liberties to privacy and personal autonomy of the 14TH
Amendment of our Constitution?
3:16-cv-93 Page 10 of 25 Plaintiff’s Brief 1 – 2ND MOP
3.10.3. Is it, “Let those you like invade, but those you don’t subversively subdue them by
invading their Liberty with restrictive religious specifications, as in obama care?” or is it all
“Rhetoric” to ever so subtly subdue US2 into absolute Despotism by taking away our Liberty
habitually snip by little snip of the penjing masters?
3.11. “The Senators and Representatives before mentioned, and the Members of the several
State Legislatures, and all executive and judicial Officers, both of the United States and of the
several States, shall be bound by Oath or Affirmation, to support this Constitution; but no
religious Test shall ever be required as a Qualification to any Office or public Trust under the
United States.” Citation: United States Constitution Article V Paragraphs 3.
3.11.1. If their religion can’t be tested how is it that they can test mine?
3.12. Our Bill of Rights and excerpts from other Amendments to our Constitution:
3.13. “Congress shall make no law respecting an establishment of religion, or prohibiting the
free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the
people peaceably to assemble, and to petition the Government for a redress of grievances.”
Citation: Amendment I of Our Constitution.
3.13.1. “Redress”: “means to set right, relief or remedy or a means of seeking relief or remedy.
It can be putting right a wrong by compensation or compensation for injuries sustained;
recovery or restitution for harm or injury; damages or equitable relief.” Citation:
definitions.uslegal.com /r/redress/.
3.13.2. My petition for redress was rejected by my Senator Heidi Heitkamp, Democrat, and my
President Barak Obama, Democrat, and left dead by many others, meaning they didn’t respond
at all! Now I seek “Redress” before and from this Judiciary for all the Relief I seek!
3.13.3. “The Constitution’s First Amendment's Establishment Clause prohibits the government
from making any law, [emphasis on ‘any law’], “respecting an establishment of religion.” This
clause not only forbids the government from establishing an official religion, but also prohibits
government actions that unduly favor one religion over another. It also prohibits the
government from unduly preferring religion over non-religion, or non-religion over religion.”
Citation: Cornell University Law School, Legal Information Institute, WEX Library.
3.13.3.1. The information presented in my Federal Question Complaint should be enough to
show that obama care violates my First Amendment Protection under the Establishment Clause
and my Rights under the Free Exercise Clause of religious beliefs and practices, but there are
more protections here, “redress”, and I tried to redress my grievances with my
Congresspersons and president obama (the White House) to no avail [help or benefit] before I
filed my Criminal Complaint 08-Oct-2015!
3:16-cv-93 Page 11 of 25 Plaintiff’s Brief 1 – 2ND MOP
3.13.3.2. President Obama, and the members of Congress petitioned for redress of my
grievances with the ACA and its respect for established religions, denied my request or did not
respond, so to it was with many others, because I’m a non-jew-christian-muslim-et al, am I not
protected? I am! And they should be held accountable for their actions in violating my
Guaranteed Liberties.
3.14. “The right of the people to be secure in their persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be violated, … . Citation: Amendment IV of Our
Constitution.”
3.14.1. I argue, that because of my First Amendment Rights, any search into the compliance of
my religious beliefs and practices as compared to those illegally defined and established by
Federal Government Members and their Statutes is and of itself an unreasonable and illegal
search, a trespass, and furthermore the taking of my Social Security Benefits when my religious
beliefs and practices don’t comply with theirs is an unreasonable and illegal seizure:
3.14.2. Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971); Mr. Justice Brennan
delivered the opinion of the Court:
3.14.2.1. “An agent acting -- albeit unconstitutionally -- in the name of the United States
possesses a far greater capacity for harm than an individual trespasser exercising no authority
other than his own.” I have been harmed by the highest agents of the Government and then a
second time by some of their underlings. Will I also be harmed by this Judiciary for the
protection of the Federal Government Executive, and Legislative Branches?
3.14.2.2. “Accordingly, as our cases make clear, the Fourth Amendment operates as a limitation
upon the exercise of federal power regardless of whether the State in whose jurisdiction that
power is exercised would prohibit or penalize the identical act if engaged in by a private citizen.
It guarantees to citizens of the United States the absolute right to be free from unreasonable
searches and seizures carried out by virtue of federal authority.” Absolute emphasis on
“absolute right to be free from”!
3.14.2.3. “And "where federally protected rights have been invaded, it has been the rule from
the beginning that courts will be alert to adjust their remedies so as to grant the necessary
relief."” And I petition the Judiciary for those adjusted remedies.
3.14.2.4. "In such cases, there is no safety for the citizen, (Page 403 U. S. 395) except in the
protection of the judicial tribunals, for rights which have been invaded by the officers of the
government, professing to act in its name. There remains to him but the alternative of
resistance, which may amount to crime." United States v. Lee, 106 U. S. 196, 106 U. S. 219
(1882). [Footnote 8 - omitted]
3:16-cv-93 Page 12 of 25 Plaintiff’s Brief 1 – 2ND MOP
3.14.2.5. I have paid my islamic obama care tax penalty for not being a member of the ACA’s
defined religions, and now I seek from the Judiciary “adjusted remedies”, “relief” and “safety”!
3.15. “No person shall be … deprived of life, liberty, or property, without due process of law;
nor shall private property be taken for public use, without just compensation.” Citation:
Amendment V of Our Constitution.
3.15.1. obama care has a “shared responsibility payment”, and deprives Social Security Act
Benefits, both are a taking of my private property for public use, thus “just compensation” must
be provided or it violates my Fifth Amendment Liberty, the net effect Constitutionally is that
there is no “shared responsibility payment” and no loss of Social Security Act Benefits, further
Constitutionally Reading that Federal Public Individual Welfare Laws, like the ACA, are
unconstitutional.
3.16. “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual
punishments inflicted.” Citation: Amendment VIII of Our Constitution.
3.16.1. Any fine, penalty, or tax by any other name when applied to one’s religious beliefs and
practices is excessive, and it becomes cruel and unusual when the individual is deprived of
other monetary benefits, such as Social Security Act Benefits, in addition to the fines.
3.17. “The enumeration in the Constitution, of certain rights, shall not be construed to deny or
disparage [To connect unequally; to match unsuitably] others retained by the people.” Citation:
Amendment IX of Our Constitution.
3.17.1. If it is not detailed in the Constitution it and they remain with We the People: I provide
for the defense of our Nation by paying taxes, but I need not provide for the general welfare of
others with additional taxes, I only need to promote the general welfare of others as I see fit!
3.18. “The powers not delegated to the United States by the Constitution, nor prohibited by it
to the States, are reserved to the States respectively, or to the people.” Citation: Amendment X
of Our Constitution.
3.18.1. I argue, all powers not specifically granted to Federal and State governments in our
Constitution remain with the people, for we, the United States of America, are of the citizens,
by the citizens, for the citizens, and the citizens come first and we can take care of each other.
3.19. “No person shall be a Senator or Representative in Congress, or elector of President and
Vice-President, or hold any office, civil or military, under the United States, or under any State,
who, having previously taken an oath, as a member of Congress, or as an officer of the United
States, or as a member of any State legislature, or as an executive or judicial officer of any
State, to support the Constitution of the United States, shall have engaged in insurrection or
rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may
3:16-cv-93 Page 13 of 25 Plaintiff’s Brief 1 – 2ND MOP
by a vote of two-thirds of each House, remove such disability.” Citation: Amendment XIV,
Section 3 of Our Constitution.
3.19.1. Emphasis on: “No person”, “having previously taken an oath”, “to support the
Constitution of the United States”, “shall have engaged in” “insurrection”, or “rebellion”; and
noting the people can also remove such disability by voting them out of office!
3.19.1.1. I argue, that the Congresspersons who voted for the ACA, the President who signed
the ACA, and those in our Federal Government who continue to support it have engaged in
insurrection and rebellion with actions of trespass involving misfeasance reaching to
malfeasance, and even treason, and are causing me, and others to be injuriously treated and
damnified. See Title 18, U.S.C., Section 373. Solicitation to commit a crime of violence; and Title
18, U.S.C., Section 2384. Seditious conspiracy. To be detailed and argued in the 3RD MOP –
Final Pleadings 4 Freedom and Exhibits supported by Exhibit 20 14TH Amendment Sec 2 & 3
Annotated.
3.20. Oath of Office for Federal Congresspersons today has not changed since 1966 and is
prescribed in Title 5, Section 3331 of the United States Code. It reads: “I, AB, do solemnly swear
(or affirm) that I will support and defend the Constitution of the United States against all
enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take
this obligation freely, without any mental reservation or purpose of evasion, and that I will well
and faithfully discharge the duties of the office on which I am about to enter. So help me God.”
3.20.1. Emphasis on “without any mental reservation”: President obama in his book “The
AUDACITY OF HOPE, Thoughts on Reclaiming the American Dream” [AUDACITY: a rude or
disrespectful behavior; brazenness] uses the entire chapter three as a demolishing of the
foundational strength of our Constitution, which I argue is a direct written confessional of his
“mental reservation” to “support and defend the Constitution of the United States” and “bear
true faith and allegiance to the same”. This will be presented in a “Conversation” between him
and SCOTUS Justices in my 3RD MOP – Final Pleadings 4 Freedom and Exhibits Section 6.
3.20.2. Some may want to argue that it is just “Freedom of Speech”! But, “Freedom of Speech”
of the “Mental Reservation” kind related to our Republic Form of Government and our
Founding Documents does preclude you from being a member of our Government and making
laws and signing laws into effect! Congress can remove that disability by a 2/3RDs vote, reverse
impeachment/removal from office so to speak: see Exhibit 20 14TH Amendment Sec 2 & 3
Annotated, emphasis Section 3.
3.20.3. barack hussein obama, with “mental reservation” to “support and defend the
Constitution of the United States” and “bear true faith and allegiance to the same” haven taken
the oath as a Senator of the United States “shall have engaged in insurrection” and “rebellion
against the same”, and has "given aid or comfort to the enemies thereof”! This disability was
3:16-cv-93 Page 14 of 25 Plaintiff’s Brief 1 – 2ND MOP
not removed by Congress with a vote of two-thirds of each House. Citation: Amendment XIV,
Section 3 of Our Constitution. Thus barack hussein obama’s actions as a Senator of the United
States are unconstitutional!
3.20.4. Thus barack hussein obama was unfit to be a Senator, and was unfit to be the President
of our United States of America and thus barack hussein obama by falsifying the oath of office
of the Presidency of the United States, his Presidency is unconstitutional and all things done by
him as President of our United States are unconstitutional, including signing the ACA into law,
and thus he should be removed by legal order of this Judiciary, and all the Relief I seek
awarded.
3.21. “Religious Freedom Restoration Act of 1993 (RFRA), 42 U.S.C. § 2000bb et seq.”
3.21.1. Became law on 16-Nov-1993, the same year the fundamental islamic sunni sharia code
warriors attacked us in February 1993, and nominally a month later on 17-Dec-1993 the
Democrats in Congress with their White House Resident Democrat, president bill clinton, gave
the fundamental sunnis extra protections by repealing the punitive sections of the Internal
Security Act of 1950 and the Communist Control Act of 1954: special note with emphasis, Saudi
Arabia is a fundamental sunni nation, shahada/sword, and has made major contributions to the
clintons and their foundation, and so have other nations of islam. Isn’t there an old saying
“follow the money”? “Follow the money is a catchphrase popularized by the 1976 drama-
documentary motion picture ‘All The President's Men’, which suggests a money trail or
corruption scheme within high (often political) office.” Citation: Wikipedia.
3.21.2. “(a) Findings: The Congress finds that—(1) the framers of the Constitution, recognizing
free exercise of religion as an unalienable right, secured its protection in the First Amendment
to the Constitution; (2) laws “neutral” toward religion may burden religious exercise as surely as
laws intended to interfere with religious exercise; (3) governments should not substantially
burden religious exercise without compelling justification; …”“(b) Purposes: The purposes of
this chapter are—(1) to restore the compelling interest test as set forth in Sherbert v. Verner,
374 U.S. 398 (1963) and Wisconsin v. Yoder, 406 U.S. 205 (1972) and to guarantee its
application in all cases where free exercise of religion is substantially burdened; and (2) to
provide a claim or defense to persons whose religious exercise is substantially burdened by
government.”
3.21.2.1. By using the phrase “not substantially burden”, in paragraph (3) above and other
paragraphs below the RFRA has modified the First Amendment of our Constitution, it is my
understanding that the this part of our Constitution can only be modified by Amendment to the
Constitution. This was put into law when the Democrats had control of the House, Senate, and
Presidency in 1993, just more of the new Liberal-Socialist-Islamic-Communistic-Democrat Party
Unconstitutionally undermining our Constitutional Liberties. Habitual Yet?
3:16-cv-93 Page 15 of 25 Plaintiff’s Brief 1 – 2ND MOP
3.21.2.2. I argue, that I am substantially burdened, actually I am totally burdened, by the
Government and obama care for it is, “comply with their religious specifications or be free and
lose all your Social Security Act Benefits or pay”! And there is no “compelling justification”
against me as compared to fundamental islamic sunni sharia coders, the white shahada/sword,
et al!
3.21.2.3. I further argue, there is enough “compelling justification” against fundamental sunni
sharia islam in our United States to “substantially burden their religious exercise” in our Nation?
3.21.2.4. Why is the President and Congress not applying this law to fundamental sunnis?
3.22. “Title 18, U.S.C., Section 241; Conspiracy Against Rights: This statute makes it unlawful for
two or more persons to conspire to injure, oppress, threaten, or intimidate any person of any
state, territory or district in the free exercise or enjoyment of any right or privilege secured to
him/her by the Constitution or the laws of the United States, (or because of his/her having
exercised the same).” 1988 “of citizens” struck out once, and substituted once with “inhabitant
of any State, Territory, or District” and in 1994 substituted “person in any State” for “inhabitant
of any State”, more protection for non-citizens by the Democrats, most likely sunni, supra. See
also Title 18, U.S.C., Section 245. Federally protected activities, (b)(1)(B); Title 18, U.S.C., Section
246. Deprivation of relief benefits (SSA Benefits being relief benefits); and Title 18, U.S.C.,
Section 247. Damage to religious property; obstruction of persons in the free exercise of
religious beliefs, (a)(2) intentionally obstructs, by force or threat of force, any person in the
enjoyment of that person's free exercise of religious beliefs, or attempts to do so;
3.22.1. I argue, with great emphasis, that this is what the Congresspersons who voted for
obama care, the President who signed obama care, and those in our Federal Government who
continue to support it are doing to me, and that is why I’m fighting so hard for my Liberty!
3.22.2. I further argue, with great emphasis, that this is what the fundamental islamic sunni
sharia coders are trying to do to jews, christian, muslims, and others, in our United States, and
around the world that don’t submit to their code of islam and their god allah, and they are
succeeding, both here and abroad!
3.22.3. “Punishment varies from a fine or imprisonment of up to ten years, or both; and if death
results, … shall be fined under this title or imprisoned for any term of years, or for life, or may
be sentenced to death.” Congresspersons’ and the President’s actions are felonious in my case!
3.22.3.1. Why didn’t the Congresspersons and the President comply with the RFRA, protecting
my Constitutional Liberties before passing the ACA? Just another habitual snip to destroy our
Independence and our Constitutional Republic!
3:16-cv-93 Page 16 of 25 Plaintiff’s Brief 1 – 2ND MOP
3.22.3.2. And why didn’t the FBI, and the DOJ peruse my criminal Complaint against those
violating my Constitutional Liberties, for their actions constitute a felonious crime, and the DOJ
and FBI do not have absolute immunity relative to their responsibility to investigate crimes?
4.0. B1-klo-IA-4. kevin l olson understands the substantial Burden on the Judiciary in my case:
4.1. "[I]t is not on slight implication and vague conjecture that the legislature is to be
pronounced to have transcended its powers, and its acts to be considered as void." Flemming
v. Nestor, 363 U.S. 603 (1960) Mr. Justice Harlan delivered the opinion of the Court.
4.1.1. Another reason, why I have made the colossal effort to prove my case, and why all the
Relief I seek in my Complaint and expanded within the later documents should be awarded to
me, not just for my protection, but for all of US2!
5.0. B1-klo-IA-5. Stare Decisis in Support of kevin l olson’s Complaint and request Redress:
5.1. Steward Mach. Co. v. Collector, 301 U.S. 548 (1937); Related to the Social Security Act; Mr.
Justice Cardozo in delivering the opinion of the Court: “The act of Congress is therefore valid, so
far at least as its system of exemptions is concerned, and this though we assume that
discrimination, if gross enough, is equivalent to confiscation, and subject under the Fifth
Amendment to challenge and annulment.”
5.1.1. I argue, that my case, is a case of discrimination gross enough for it violates my
unalienable rights, and autotomy; invades my privacy; and is equivalent to confiscation,
because obama care fines me, and further penalizes me by taking away my Social Security Act
benefits because of my religious beliefs and practices, and discriminates against me because of
my age! Obama care is “a bill of pains and penalties” reaching to “bill of attainder”!
5.2. Helvering v. Davis, 301 U.S. 619 (1937); Related to the Social Security Act; Mr. Justice
Cardozo delivered the opinion of the Court: “Whether wisdom or unwisdom resides in the
scheme of benefits set forth in Title II it is not for us to say. The answer to such inquiries must
come from Congress, not the courts. Our concern here, as often, is with power, not with
wisdom.”
5.2.1. I argue, that Congress, and the President do not have the power to overreach our
Constitution and invade and impose on an individual’s unalienable rights and use Acts, such as
obama care, and the Social Security Act to protect some or any religions and punish others.
5.2.2. I argue, that this Judiciary needs to shelter and protect me from them and their
overreach of power, and provide me with the Relief I seek in my Criminal Complaint, Federal
Question Complaint, Response/Motion, and expanded herein and within my other documents!
3:16-cv-93 Page 17 of 25 Plaintiff’s Brief 1 – 2ND MOP
5.3. Flemming v. Nestor, 363 U.S. 603 (1960); Related to the Social Security Act; Mr. Justice
Harlan delivered the opinion of the Court: “It is thus apparent that, though the governing
criterion may be readily stated, each case has turned on its own highly particularized context.”
5.3.1. I argue, that the laws and stare decisis et al that I have reviewed, considered,
summarized, and argued in this 2ND MOP – Brief 1, and expanded in my 3RD MOP – Final
Pleadings 4 Freedom and Exhibits relative to the highly particularized context of my case, are
explicitly supportive of my Criminal Complaint, Federal Questions Complaint, Response/Motion,
1ST MOP – Tree Structure and request for all the Relief that I seek in my Federal Questions
Complaint, Response/Motion, and expanded herein and within my other documents!
5.4. Sherbert v. Verner, 374 U.S. 398 (1963); Mr. Justice Brennan delivered the opinion of the
Court; Religious Practice vs Benefits: “The door of the Free Exercise Clause stands tightly closed
against any governmental regulation of religious beliefs as such. Government may neither
compel affirmation of a repugnant belief, nor penalize or discriminate against individuals or
groups because they hold religious views abhorrent to the authorities, nor employ the taxing
power to inhibit the dissemination of particular religious views. … It is too late in the day to
doubt that the liberties of religion and expression may be infringed by the denial of or placing
of conditions upon a benefit or privilege. [Footnote 6] For example, in Flemming v. Nestor, 363
U. S. 603, 363 U. S. 611, the Court recognized with respect to Federal Social Security benefits
that "[t]he interest of a covered employee under the Act is of sufficient substance to fall within
the protection from arbitrary governmental action afforded by the Due Process Clause."”
5.4.1. I am, and others are being discriminated against religiously, and penalized by obama care
with the taxing powers of it and the extra penalizing actions of it and thus it is unconstitutional
and my request for all the relief that I seek should be awarded to me, and to US2!
5.4.2. SCOTUS, 43 years ago, 2 years after I came to be, set a tripod foundation for my
protection and relief ruling the government can’t “interfere with a citizen’s religious beliefs”-
“infringe on free exercise with denial or conditions upon benefits”-“arbitrarily take a person’s
Federal Social Security benefits.” Note: This was 2 years before the passing and signing of the
Social Security Act Amendments protecting the “Old Order Amish”. Do Congresspersons and/or
the President read anything, or are they just all about talk, “conversation”, “rhetoric”, “politics”
and “protecting their coalition of constituents”, all the time ignoring our Founding Fathers’
Foundation et al, our Supreme Law of the Land, “The Declaration of Independence-
Constitution-Bill of Rights-additional Amendments-Statutes-et al-Stare Decisis-Their Oaths”?
5.4.3. Do I really need to argue further for justification of all the Relief I seek in my Case, or at
least my exemption from obama care and Social Security Act; my Compensatory Damages from
the Treasury Department; and my seeking other damages from those responsible for obama
care, and them and others protecting obama care over and above our Constitution?
3:16-cv-93 Page 18 of 25 Plaintiff’s Brief 1 – 2ND MOP
5.4.3.1. In considering the state of our Union, politics, and political parties today in all three
branches of the Federal Government of our United States and the Republic for which it Stands,
and their use of surplusage, jiggery-pokery, cobwebbery, and winkerry sadly I must, but that
results in further justification, for expanding the bounds of my Case and the Relief I seek!
5.5. See United States. v. Seeger, 380 U.S. 163 (1965): “The validity of what he believes cannot
be questioned. Some theologians, and indeed some examiners, might be tempted to question
the existence of the registrant’s ‘Supreme Being’ or the truth of his concepts. But these are
inquiries foreclosed to Government.” Citation: Excerpt from Oath Citizen; USCIS Policy Manual;
Current as of February 25 2016; Volume 12 - Citizenship & Naturalization; Part J - Oath of
Allegiance; Chapter 3 - Oath of Allegiance Modifications and Waivers.
5.5.1. This is an absolute “Don’t ask – don’t tell” ruling for the protection of me and my beliefs,
and of US2. I argue, that both obama care, and Social Security Act with their explicit and
limiting religious language violate this ruling of the SCOTUS, and other legal protections, and
thus all the relief that I seek in my Case should be awarded!.
5.5.2. It appears that the Congresspersons that voted for obama care, and the President who
signed it, and those who continue to support it never read anything, as in what Nancy Pelosi
said regarding her president’s care, “But we have to pass the bill so that you can find out what
is in it away from the fog of controversy.”, they just do what they want, and abdicate their
powers to the Judiciary in violation of the non-delegation doctrine of our Constitution! Snip!
5.5.3. I further argue, that it appears that the Congresspersons that voted for obama care, and
the President who signed it violated their “Ministerial Duties” to preserve, uphold and protect
our Constitution, which they are obligated to do by oath. Emphasis supra and Section 3 14TH
Amendment which will be argued, detailed, and proven in other documents.
5.6. Welsh v. United States, 398 U.S. 333 (1970) (holding that Welsh, who characterized his
beliefs as nonreligious and expressed doubt in the existence of a Supreme Being, was entitled
to a conscientious objector exemption to military service because his beliefs occupied a parallel
place in his life to that of religious convictions); United States. v. Seeger, 380 U.S. 163 (1965)
(stating that the applicable test for determining whether someone’s belief was based on
religious training and belief was whether the belief was sincere and meaningful and “occup[ied]
in the life of its possessor a place parallel to that filled by the God of those admittedly qualifying
for the exemption”). Citation: Excerpt from Oath Citizen; USCIS Policy Manual; Current as of
February 25 2016; Volume 12 - Citizenship & Naturalization; Part J - Oath of Allegiance; Chapter
3 - Oath of Allegiance Modifications and Waivers.
5.6.1. I argue, that it appears to me, that if you have sincere beliefs in anything, you need not
take up arms for our United States of America to become a citizen of our Great Nation: this
3:16-cv-93 Page 19 of 25 Plaintiff’s Brief 1 – 2ND MOP
appears to leave the door wide open for subversives, insurgents, and rebels to be within and/or
enter America and put our Republic and Union in peril when their codes say so!
5.6.2. I argue, that my beliefs and practices are sincere and meaningful to me, and they have
controlled critical decisions I have made in my life; they are controlling me to fight for my, and
others’ Liberties in this case; and they are being solidified every day by the actions of those in
the world that think they own the means [tenets] of approaching GOD, such as those for obama
care! With emphasis, noting that our Founding Fathers left all means of approaching GOD up to
the individual and protected the individual to do so with Unalienable Rights!
5.6.3. I further argue, though, once you’re here, the Democrats, a subversive name, for Demo-
rats, are really the new Liberal-Socialist-Islamic-Communistic-Democrat Party in our Federal
Government, and they will try to do whatever they can to you regardless of your religion to
make you submissive, some religions they claim to favor, IE: President Obama and all his and his
sages support for fundamental islamic sunni sharia coders and their Liberties for freedom of
religion even when they’re not citizens; not calling out the “Fundamental Islamic Sunni Sharia
Code Warriors”; driving a nuclear deal with the Islamic Republic of Iran, emphasis here on
“Islamic - as a form of strict government and governing far beyond religion” See Exhibit 21 Iran
Nuclear Deal A Review By a Process Engineer, If it’s not a treaty it’s aid and comfort!; and
rejecting my petition to them for a redress of grievances, thus making the subversive Democrat
Party the new Liberal-Socialist-Islamic-Communistic-Democrat Party, and considering the
violence used against Mr. Trump’s presidential events including the waving of foreign flags at
the same time burning of our Flag of the United States of America the members of this party
are subject to §843. Application of Internal Security Act of 1950 to members of Communist
Party, or other subversive groups, and the Communist Control Act of 1954. OOPS, that’s right,
when the democrats were in control of both house of our federal government and the
presidency in 1993, supra, they repealed the punitive section of this act! Who, what, were, and
are they really protecting?
5.6.4. So our Army, Navy, Airforce, and Marines even fight for those who won’t fight for US2,
but not for my freedom of Free Exercise of religious beliefs and practices?
5.7. Wisconsin v. Yoder, 406 U.S. 205 (1972); Religious Practice vs State School Law; Mr. Chief
Justice Burger delivered the opinion of the Court: “III.5. … There can be no assumption that
today's majority is "right," and the Amish and others like them are "wrong." A way of life that is
odd or even erratic but interferes with no rights or interests of others is not to be condemned
because it is different.”
5.7.1. Because the Democrats violate this ruling also, to protect Fundamental Islamic Sunni
Code and its Warriors, I am left with only one conclusion as to the state of our Republic today:
the party with the subversive name “Democrats” has become the “new Liberal-Socialist-Islamic-
3:16-cv-93 Page 20 of 25 Plaintiff’s Brief 1 – 2ND MOP
Communistic-Democrat” party and seeks to put me, and US2 under absolute Despotism: I seek
Freedom without interference! My, and others only earthly hope is in the Federal Judiciary!
5.8. Roe v. Wade, 410 U.S. 113 (1973); Mr. Justice Blackmun delivered the opinion of the Court:
5.8.1. “Our task, of course, is to resolve the issue by constitutional measurement, free of
emotion and of predilection.”
5.8.1.1. Predilection - a preference or special liking for something; a bias in favor of something,
as with the Old Order Amish in Title 26 U.S.C. § 1402(gh) in obama care and Social Security Act
today, creating excessive entanglement with religion by and in the Federal Government, which
is in violation of the Establishment Clause of the First Amendment of our Constitution.
5.8.2. I ask the Judiciary for the following like consideration that was used in the opening
comments of Roe v. Wade with the three substitutions indicated: “We forthwith acknowledge
our awareness of the sensitive and emotional nature of the “religion” abortion controversy, of
the vigorous opposing views, even among “religions, sects of religions, clergy of sects, members
of sects, and scientists” physicians, and of the deep and seemingly absolute convictions that the
subject inspires. One's philosophy, one's experiences, one's exposure to the raw edges of
human existence, one's religious training, one's attitudes toward life and family and their
values, and the moral standards one establishes and seeks to observe, are all likely to influence
and to color one's thinking and conclusions about “religion” abortion.”
5.8.2.1. I argue, that the protection of religious Liberties in our United States of America is on
Absolute Solid Ground and should be More Protected than abortion rights, for the 1ST
Amendment came long before the 14TH, and needs no stretching for understanding and
application. I have read the court’s decision in Roe v. Wade, and in the early 1970s the
“quickening” of the fetus was of paramount consideration. I would argue that today with our
advancements in medical technology, and understanding of DNA and the genome that the
“quickening” begins at conception, for a man’s quickening sperm can be observed penetrating
into a woman’s quickening ovum in a petri dish with conception occurring by “quickening”, and
then the zygote’s quickening growth can be observed by us for two to six days, before it is
placed into a human incubator for completion of the “quickening” to the birth of a child.
5.8.2.2. However, I further argue, I have found no such “quickening” requirement for
determining religious Liberties: almost all religions have a ceremony for when life ends, before
and after the “quickening”.
5.8.2.3. I further argue, after 9 years of study into the physics of the universe, across the
quantum and cosmic scales, detailed in Exhibit 10 PPC NATURES MEND The Book by kevin l
olson 2014, I have found a scientific argument for the “quickening” of GOD! “And GOD is
JUST”2: “GOD who gave us life gave us liberty. And can the liberties of a nation be thought
secure when we have removed their only firm basis, a conviction in the minds of the people
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that these liberties are of the Gift of GOD. That they are not to be violated but with His wrath?
Indeed, I tremble for my country when I reflect that GOD is just; that his justice cannot sleep
forever.” Thomas Jefferson, “Notes on the State of Virginia’ 1781! In his old age, he wrote: “To
love GOD with all thy heart and thy neighbor as thyself is the sum of religion.” Revere GOD by
HIS FIRST COMMANDMENT, all else by your FREE WILL!
5.9. Zwerling v. Reagan, 576 F. Supp. 1373 (C.D. Cal. 1983); United States District Court; REAL,
Chief Judge; Presidential Declaration vs Law: “The "establishment of religion" clause of the First
Amendment means at least this: Neither a state nor the Federal Government can set up a
church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion over
another. At p. 15, 67 S.Ct. at p. 511.”
5.9.1. I argue that obama care, and the Social Security Act have a preference for some religions
over others and induce “pains and penalties” if yours is not one of theirs, and mine is not!
5.10. The “Lemon Test” developed over stare decisis of SCOTUS: First, the law or policy must
have been adopted with a neutral or non-religious purpose. Second, the principle or primary
effect must be one that neither advances nor inhibits religion. Third, the statute or policy must
not result in an "excessive entanglement" of government with religion. Failure to meet any of
these criteria is a proof that the statute or policy in question violates the Establishment Clause.
5.10.1. I argue, that the ACA fails all three, and the Social Security Act at least the last two thus
they violate the Establishment Clause of the First Amendment. The excessive entanglement
with the Establishment Clause will be detailed, argued, and proven more in the 3RD MOP –
Final Pleadings 4 Freedom and Exhibits, thus these two Acts should be declared
unconstitutional and I should be awarded all the relief I seek in my Case! (10) Exhibit 13 10.3.1.3.1. 15/43!
6.0. B1-klo-IA-6. A Past President’s Ominous Vision in 1854 Relating Federal Welfare Laws:
6.1. "If the time shall ever arrive when, for an object appealing, however strongly, to our
sympathies, the dignity of the States shall bow to the dictation of Congress by conforming their
legislation thereto, when the power and majesty and honor of those who created shall become
subordinate to the thing of their creation, I but feebly utter my apprehensions when I express
my firm conviction that we shall see 'the beginning of the end.'" Excerpt President Pierce veto
letter. Citation: Steward Mach. Co. v. Collector, 301 U.S. 548 (1937); U.S. Supreme Court; Mr.
Justice McReynolds, Dissenting.
6.1.1. I argue, that all laws of public welfare are laws of liberal-socialist-islamic-communistic-
utopian ideals of the Democrats, though strongly appealing to sympathies they have no place in
our Republic Form Government or our Laws and are unconstitutional.
7.0. B1-klo-IA-7. my humility and trepidation before the Judiciary:
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7.1. I come with not slight implication, but with expanded stare decisis from the founding of our
Great Nation in the Declaration of Independence, our Constitution, the Bill of Rights, the Laws,
and the rulings of the Judiciary. Please consider my Redress, my Criminal Complaint, my
Federal Question Complaint, my Response/Motion of 27-Jun-2016, my 2ND MOP – Brief 1, my
3RD MOP – Final Pleadings 4 Freedom, and all my Exhibits, and the arguments therein and the
Relief I seek for the egregious “pains and penalties” that I am suffering under these “bills of
attainder”.
7.2. I have tried, to extract snippets from cases to support my case so as not to become too
argumentative or too overburdening, or use too much surplusage. However, my
documentation and arguments have become lengthy.
7.3. I ask the Judiciary for its forbearance in dealing with a pro se litigant, and that I be granted
leave for the things to be added after filing my Federal Question Complaint. For, I have always
thought that each of us was bound by “the whole truth and nothing but the truth”? I tried this
once before in my only time before a court, I was the plaintiff, it was before a county court in
Minnesota, I was pounded down by law enforcement and the judiciary because I was not a
christian, and the state rejected my attempts to seek redress of my grievances. I hope and seek
as a non-jew-christian-muslim-et al for unbiased consideration before this Judiciary!
7.4. Surplusage: Petitioners and the dissent respond that the words “established by the State”
would be unnecessary if Congress meant to extend tax credits to both State and Federal
Exchanges. Brief for Petitioners 20; post, at 4–5. But “our preference for avoiding surplusage
constructions is not absolute.” [Surplusage: In pleading. Allegations of matter wholly foreign
and impertinent to the cause. All matter beyond the circumstances necessary to constitute the
action. See State v. Whitehouse, 95 Me. 179, 49 Atl. 869; Adams v. Capital State Bank, 74 Miss.
307, 20 South. 8S1; Bradley v. Bey- nolds, 61 Conn. 271, 23 Atl. 928. Law Dictionary: What is
SURPLUSAGE? definition of SURPLUSAGE (Black's Law Dictionary)] (sic) Lamie v. United States
Trustee, 540 U. S. 526, 536 (2004); see also Marx v. General Revenue Corp., 568 U. S. ___, ___
(2013) (slip op., at 13) (“The canon against surplusage is not an absolute rule”). And specifically
with respect to this Act, rigorous application of the canon does not seem a particularly useful
guide to a fair construction of the statute. Citation: No. 14–114, DAVID KING, ET AL.,
PETITIONERS v. SYLVIA BURWELL, ET AL., 25-Jun-2015 Chief Justice Roberts delivering the
opinion of the Court.
7.4.1. Need I fear Federal Judicial surplusage in my case as much as I do subversive Demo-rats
and Repub-li-ans? I said, I suffered once before, under a County Judiciary, Law Enforcement,
and Oversight Bodies for being a non-christian? Yes, for “It is not our job to protect the people
from the consequences of their political choices.” Chief Justice Roberts! Nat'l Fed'n of Indep.
Bus. v. Sebelius 567 U.S. ___ (2012). Good by old friend, Thomas Jefferson, "In questions of
3:16-cv-93 Page 23 of 25 Plaintiff’s Brief 1 – 2ND MOP
power ... let no more be heard of confidence in man, but bind him down from mischief by the
chains of the Constitution."
7.4.2. “In 1781, Thomas Jefferson, the author of the Declaration of Independence and later the
Nation's third President, in his work titled `Notes on the State of Virginia' wrote: `GOD who
gave us life gave us liberty. And can the liberties of a nation be thought secure when we have
removed their only firm basis, a conviction in the minds of the people that these liberties are of
the Gift of GOD. That they are not to be violated but with His wrath? Indeed, I tremble for my
country when I reflect that GOD is just; that his justice cannot sleep forever.'.” “However,
Jefferson developed a distrust of organized religion. In his old age, he wrote: ‘To love GOD with
all thy heart and thy neighbor as thyself is the sum of religion.’”
7.4.2.1. This last statement is exactly why those in control of Government have no business in
defining what tenets are GODLY and what tenets are not, as they have in obama care and the
Social Security Act. I am in desperate need of relief from them!
7.4.3. “On May 14, 1787, George Washington, as President of the Constitutional Convention,
rose to admonish and exhort the delegates and declared: `If to please the people we offer what
we ourselves disapprove, how can we afterward defend our work? Let us raise a standard to
which the wise and the honest can repair; the event is in the hand of God!'”
7.4.3.1. George Washington is said to have had a great respect for religion, his, the religion of
Christianity? However, in his wisdom he thought it a necessity to allow for change, “Let us raise
a standard to which the wise and the honest can repair.” Can we, the people repair our Federal
Government and remove the religious imposition of obama care by being hand in HAND, one
on ONE with GOD without men’s religions? Are there any wise and honest people left in US2?
7.5. I argue, that not only have the Democrats rejected the wisdom of Thomas Jefferson, and
George Washington, but I argue, that Chief Justice Roberts in blurting out “It is not our job to
protect the people from the consequences of their political choices.”, which no doubt will be
attempted to be used by politicians, lawyers, and Justices in the future, has assassinated
President Lincoln a second time and defecated on our dead, for Chief Justice Roberts’ words are
absolutely opposed to Lincoln’s “that we here highly resolve that these dead shall not have died
in vain—that this nation, under God, shall have a new birth of freedom—and that government
of the people, by the people, for the people, shall not perish from the earth.”, and those that
SCOTUS uses to define their Role, supra. Will the Judiciary protect the politicians over of me?
8.0 B1-klo-IA-8. Will kevin l olson’s Guaranteed Liberty be Protected, or his Life Taken:
8.1. GIVE ME MY LIBERTY
8.1.1. CONSTITUTIONAL LIBERTY OR FREEDOM: “Such freedom as is enjoyed by the citizens of
a country or state under the protection of its constitution; the aggregate of those personal,
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civil, and political rights of the individual which are guaranteed by the constitution and secured
against invasion by the government or any of its agencies.” Citation: Law Dictionary: Definition
of CONSTITUTIONAL LIBERTY OR FREEDOM (Black's Law Dictionary).
8.1.1.1. Our Declaration of Independence, our Constitution and our Bill of Rights is the
foundation of “LIBERTY” for law abiding citizens, and the “Separation of Powers” for all
branches of government, and the people, even for those who won’t fight for it, but the new
Liberal-Socialist-Islamic-Communistic-Democrat Party which now includes some Republicans
has taken over all three branches of our government and taken away our “LIBERTY” with bills of
fiat, like obama care, the Social Security Act et al, and then they impose “pains and penalties” if
you won’t bow to them, and they use the actions of those under Fundamental Sunni Islamic
Sharia Code to impose new Acts, IE: They the government, are now working to attack our
Second Amendment Liberties! And the Demo-rats had a sit in in the House to habitually snip!
8.1.1.2. Amendment II: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” We the People need not bear our Arms in a time of peace, but We the People need our Arms for a time of war, and war & warriors from Fundamental Islamic Sunni Sharia Code, and shahada/sword have invaded US2.
8.1.2.1. I wonder, can this Judiciary exercise their Real Power and Purpose and protect my
“LIBERTY”, and the “LIBERTY” of other citizens from the overreach of Federal Legislative,
Executive and Judicial Powers, and the invasion by those who hate US2?
8.1.2.3. Or does the Federal Judiciary relish in the additional powers it has due to the
Legislative’s, and Executive’s abdication of their Constitutional powers, and will protect the
Legislative, and Executive over me and other citizens? Note: Chief Justice Robert’s command
above, and his whinkerry at Nancy Pelosi in 2105, cartoon-a-public-speech, No. 14–114, supra.
8.2. I’m here to fight the “long train of abuses and usurpations, trying to reduce us under
absolute Despotism, it is our right, it is our duty, to throw off such Government, and to provide
new Guards.”, and it is the Judiciary’s Responsibility to protect me, and We the People before
this is what we are left with as our last resort, a return to our Declaration of Independence.
8.3. “I think America has more often been a force for good than for ill in the world; I carry few
illusions about our enemies, and revere the courage and competence of our military.”
8.4. “I reject a politics that is based solely on racial identity, gender identity, sexual
orientation, or victimhood generally.” Victimhood: “A living creature slain and offered as a
sacrifice during a religious rite”; klo-synonym: 6-12-16 PULSE Obituary Orlando Florida:
“/PO͞OF/”!!!!!!! The slayers, “a politics” Fundamental Islamic Sunni Sharia Code!! “living
creatures” – AMERICANS!!!!
8.5. 8.3 & 8.4 are words I think any TRUE AMERICAN would speak and stand behind!!!!
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8.6. “I wish the country had fewer lawyers and more engineers.”2 Him, and me both!!
8.7. Be careful what you wish for, 8.6., Mr. Sunni Imam B. O. with all your satanic sages and
RHETORIC; 8.3. and 8.4. above, Pages 10 & 11; Prologue; Copyright 2006 barack obama; Three
Rivers Press, NY. “The AUDACITY OF HOPE – Thoughts on Reclaiming the American Dream”–
How many dreams were sacrificed in Orlando????–“due ACTIONS speak louder than
words????”–Mr. B. O., you and yours protect Fundamental Islamic Sunni Sharia Code, over
US2!!!! Treason!!!! See Title 18, U.S.C., Section 373. Solicitation to commit a crime of violence;
and Title 18, U.S.C., Section 2384. Seditious conspiracy. To be detailed and argued in my 3RD
MOP – Final Pleadings 4 Freedom and Exhibits.
8.8. Let my 2ND MOP – Brief 1 end with a wish, expressed using the concluding words of the
great patriot, Patrick Henry, arguing in St. John's Church, Richmond, Virginia March 23, 1775,
for they ring as true today relative to our current Oval Office Resident, and Federal
Government, all three branches, as they did then over whether Virginia and the other 12 states
should face down the Crown of England. I, kevin l olson, declare, “GIVE ME LIBERTY OR GIVE
ME DEATH!!!!”
Dated 08-Aug-2016.
Most Sincerely & Respectfully Requested and Submitted!
Very Truly Yours,
kevin l olson, a child of GOD
pro se plaintiff